Decreto Dignità 1 – Contratti a tempo determinato: tornano le causali
Dal 14 luglio è entrato in vigore il nuovo Decreto Legge che si occupa anche di contratti e termine, apportando l’ennesima modifica ad una materia in costante evoluzione.
Il contratto a tempo determinato sarà così attivabile senza giustificazione solo per i primi 12 mesi. Successivamente al 12° mese sarà necessario fare ricorso di nuovo alle cd. causali, ossia alle ragioni che giustificano il ricorso da parte del datore di lavoro ad un rapporto a termine.
In tali casi, si potrà adottare un contratto a termine essenzialmente per due motivazioni prefissate dalle legge: ossia per “esigenze connesse a incrementi temporanei, significativi e non programmabili, dell’attività ordinaria” ovvero per “esigenze temporanee e oggettive, estranee all’ordinaria attività, ovvero esigenze sostitutive di altri lavoratori”.
L’utilizzo della cd. causale, introdotta nel 1962, era stata progressivamente ridotta ed infine eliminata con il Decreto Poletti nel 2014. Indubbiamente, le causali sono state da sempre foriere di incertezza applicativa e lasciano ampi margini di interpretazione diversa ed opinabile tra gli operatori del diritto.
Il rischio, riconosciuto da tutti, è quello di penalizzare sia le imprese (per il potenziale incremento del contenzioso lavoristico) che i lavoratori oggi in servizio (per la maggiore difficoltà ad ottenere una stabilizzazione del rapporto di lavoro in essere o un nuovo rapporto di lavoro a tempo).
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